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(영문) 서울북부지방법원 2016.09.30 2016고합185
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2016, the Defendant, around 20:30 on January 3, 2016, her son D (name, woman, age 16) who passed the place around the ward store located in Jung-gu Seoul Metropolitan Government, was living in the floor of the Defendant.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. D stenographic records;

1. Application of Acts and subordinate statutes to written statements prepared by D;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of the registered information may have a significant impact on the defendant, so prudentness is required to do so;

The Defendant did not have any history of criminal punishment prior to the crime of this case, and in this case, the Defendant seems to have the effect of preventing recidivism of the Defendant to a certain extent through the registration of personal information of the Defendant and the lecture of sexual assault treatment.

In addition, in light of other circumstances, such as the defendant's age, sex, family environment, and social relationship, there are special circumstances that may not disclose and notify the defendant of his/her personal information, such as the fact that the disclosure and notification order is compared to the disadvantages and anticipated side effects that the defendant may sustain, and that the prevention effects, etc. of sexual crimes that may be achieved by such order are relatively less than those that the

[Judgment]

Reasons for sentencing

1. Scope of applicable sentences by law: Imprisonment with prison labor for not less than one year;

2. The application of the sentencing guidelines [type determination] shall be a forced indecent act by blood relatives (subject to at least 13 years of age) of the general standards for sex offenses.

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